Ex-servicemen retain reservation benefits for multiple pre-joining applications despite intervening civil employment under O.M. dated 14.08.2014.

Respondent No. 4, an ex-serviceman, applied for the Combined Graduate Level Examination (CGLE), 2013, while still in defense service

He was discharged on 31.01.2013

On 10.04.2013, he joined the State Bank of India (SBI) as a Customer Assistant by availing the ex-serviceman reservation

Due to exam irregularities, the CGLE 2013 process was re-conducted in 2014 and 2015

Respondent No. 4 was eventually selected for the post of Auditor under the ex-serviceman quota in March 2015

However, the Petitioners (Union of India) canceled his dossier, arguing that under O.M. dated 02.05.1985 and 07.11.1989, his ex-serviceman status for 4subsequent employment ceased once he joined SBI

The Central Administrative Tribunal (CAT) ruled in favor of the Respondent, prompting this writ petition

The Court applied the DoPT Office Memoranda (O.M.) of 02.05.1985 and 07.11.1989, which generally state that ex-serviceman status for reservation ceases upon joining civil employment

however, this is qualified by O.M. dated 14.08.2014, which carves out an exception: if an ex-serviceman applies for multiple vacancies before joining any civil employment, they may still avail reservation for those specific subsequent recruitments

Furthermore, the Court relied on the principle of liberal and purposive construction of beneficial and remedial provisions to advance the legislative/administrative object, citing Union of India v. Mukul Dev and Brahampal v. National Insurance Co.

The Court observed that O.M. dated 14.08.2014 was specifically issued to "cure the mischief" and hardships caused by the older 1985/1989 O.M.s, which penalized ex-servicemen for joining a post while other applications were pending

It was undisputed that Respondent No. 4 applied for CGLE 2013 while still holding ex-serviceman status and before joining SBI

Although he joined SBI in 2013, the CGLE selection process culminated in 2015, after the 14.08.2014 O.M. had come into force

The Court rejected the Petitioners' technical objection regarding the lack of a self-declaration/undertaking, noting that this plea was never raised before the Tribunal and could not be introduced at the writ stage

Applying a purposive interpretation, the Court held that since the Respondent fulfilled the essential condition of applying for the post before joining civil service, he remained entitled to the reservation

The High Court dismissed the writ petition in limine and upheld the Tribunal’s order directed the Petitioners to comply by appointing Respondent No. 4 within four weeks